As an architect, you have spent valuable time and a considerable amount of money gathering the necessary education, skills, and certifications to practice in the field of architecture. Unfortunately, your criminal conduct or other violations of the board’s code of ethics could jeopardize these efforts and your ability to earn a living through your profession.

When the board receives a complaint, it informs you and holds an administrative hearing to determine the fate of your license. Navigating an administrative hearing and protecting your license from extreme disciplinary measures from the California Board of Architects is complex.

Although each case is different, engaging legal counsel before you respond to the board and throughout your case is critical. At San Luis Obispo License Attorney, we have the knowledge and experience you need to navigate your administrative hearing effectively.

Our competent attorneys will work closely with you to investigate the allegations brought against you and build a solid defense for your case if you seek legal insight in San Luis Obispo, CA.

Conduct that Could Result in Disciplinary Action by the California Board of Architects

An architect is a professional qualified to advise and design public or private landscape projects. Becoming an architect requires years of training and licensing by the California Board of Architects.

The California Board of Architects has a code of conduct that each licensed professional must follow. This helps ensure consumer protection. A violation of this conduct will be reported to the board and can result in severe disciplinary action. Common violations that could put your architect license in jeopardy include:

  • Fraud any deceptive practice can result in severe disciplinary action against your license. This could include obtaining your license fraudulently or even defrauding your clients.
  • Acting beyond the scope of your license. As a licensed architect, you must perform duties within the limits of your license. Failure to do this would prompt an administrative hearing and potential disciplinary action.
  • Substance abuse. If you have an alcohol or drug addiction, your architect's license could be in jeopardy. The disciplinary action you face under these circumstances could be more severe if you are found to be working while impaired.
  • Practicing with a suspended architect license. If your license is suspended for misconduct, you must have it reinstated before you can continue with your practice. Practicing with a suspended license can cause more serious disciplinary action, including revocation.
  • allowing an unlicensed individual to offer licensed duties. If you allow an unlicensed employee or colleague working under you to practice without a valid license, you could lose your license.
  • Criminal conviction. The relevant authorities will notify the board after a criminal conviction. Especially in cases where your conviction is related to your ability to offer the right quality of standards, you can face an administrative investigation and potential discipline.

Disciplinary Process for Architects in California

When you are reported to the board for misconduct, your case will take several steps before you face disciplinary action. These steps include:

Complaint. Most disciplinary actions by professional boards will begin with a complaint made by a client, your employer, or a notice of your conviction from the criminal justice system.

Investigation. When the board receives a complaint against you, it will investigate to determine the facts of the situation. This could involve interviewing witnesses and reviewing different documentation to ascertain the claims.

Consent order. If the board has significant evidence against you, they may offer you a deal where you accept liability for your actions and face disciplinary action.

Formal hearing. If you do not agree to a consent order, an administrative hearing will be scheduled where you can defend against the allegations with the help of a license defense attorney.

Disciplinary Action by the California Architects Board

After attending your administrative hearing, the board will determine the appropriate disciplinary action based on the outcome of your hearing. Some of the factors that the ALJ could consider when imposing disciplinary action against your architect license include:

  • The Nature and Seriousness of Your Violations

Violations cited by the California Board of Architects vary in nature and severity. Most of the time, the severity of your violation depends on its impact on your clients or society. Severe violations are often met by serious disciplinary action or license revocation.

  • Whether or not you Caused Financial Losses to a Client

Most violations committed by architects do not cause physical harm. However, fraud and false misrepresentation could result in financial losses for an employer or clients. The loss you cause another person can dictate the disciplinary action you will face.

  • Past Disciplinary Action on Your License

The Board may be stricter on professionals who have had multiple disciplinary actions in the past. For example, if you commit a violation while your license is suspended or on probation, you risk facing harsher disciplinary action.

  • The Rehabilitate Steps You Have Taken Since the Incident

The Board of Architects requires you to take the necessary measures to ensure rehabilitation from the conduct that caused you to be reported. For example, if you face disciplinary action due to a criminal conviction, you should have taken the necessary steps to change your behavior and move past your criminal conduct.

  • Whether you Have a Criminal Conviction Related to your Job

A criminal conviction is a common reason why you could be under investigation by your professional licensing board.  The nature of the disciplinary action you risk facing under these circumstances will depend on the relationship between your crimes and your ability to offer the required standard of services as an architect.

  • The Amount of Time that Has Passed Since the Violation

The licensing board will start their investigations against you when misconduct is reported. These reports could be for current or past violations. When imposing the appropriate disciplinary action, the board will consider the time that has passed since you committed the violation.

If your violation is not recent and you have not committed other violations, the board can impose less severe discipline against your license. Common disciplinary actions that the board can take against you include:

License Probation

The California Board of Architects may suspend your professional license for a more serious violation. Depending on the type and seriousness of your offense, a license suspension may be imposed for a maximum of five years. Unlike on probation, you won't be allowed to practice while on suspension.

However, the board will impose strict conditions you must follow through the probation period. These conditions could restrict your place of work or hours of work. Additionally, you may be required to undergo additional training during this period.

Administrative Fines

Licensed architects are critical in construction projects, from planning to development and construction. Some forms of misconduct, like fraud, can result in financial losses for a company or a client. If you are found liable for such a violation, the board could order you to pay some fines.

Continuing Education

Some violations committed by architects are a result of a gap in training. If you are found guilty of such a violation, the board can order that you take additional courses to help avoid similar behavior in the future.

Formal Reprimand

For minor violations, the board can issue a public reprimand against you. This acts as a warning and appears on your record. Although a public reprimand does not restrict your practice, it can ruin your reputation and reduce your chances of securing employment or future contracts.

License Suspension

The California Board of Architects could suspend your professional license for a more serious violation. A license suspension could last up to five years, depending on the nature and severity of your violation. Unlike probation, you cannot practice during a suspended period.

You can file a petition to reinstate your license when the suspension period ends. When filing this petition, you must prove that you have been rehabilitated from the conduct that prompted the suspension.

License Revocation

The harshest outcome of an administrative hearing for licensed architects is a revocation of their license. License revocation is a permanent action that can mean the end of their career as architects. The board can revoke your license if you are found to have committed serious violations that caused physical or financial harm to your clients.

Frequently Asked Questions on Architect License Defense in California

Becoming a licensed architect requires you to pay a high price in terms of time, dedication, and financial resources. When you are reported to the board for different forms of misconduct, your license and ability to practice in the architecture field are at risk.

This could create confusion and uncertainty about the proper steps to take. The following are frequently asked questions on architect license defense:

  • As a licensed architect, who will I answer to when someone files a complaint against me?

When a complaint is brought against you to the board by your employer, the criminal court, or your clients, you have a right to be notified. The board will issue a written notification to which you must respond. In your response, you will inform the board of your intentions to defend against the potential disciplinary action associated with your misconduct.

When you apply for an architect license in California, you automatically agree to cooperate with investigations into your conduct. Therefore, ignoring the board's notice could result in rulings against you. Before responding to the board, it is critical to have the guidance of a license defense attorney.

  • What is a consent order?

A consent order or degree is a legally binding agreement where you agree to submit to the terms of a prescribed disciplinary action in exchange for keeping your architect license. This gives you a chance to have your license reinstated.  A consent order is negotiated instead of going through a formal hearing.

Whether or not a consent order is the right course of action for your case depends on the severity of your violations and the strength of the board’s case.

  • Can I continue to use my license while I am under investigation?

It is not a sign of guilt to be under investigation by the California Architects Board for the suspected infractions. As a result, you can keep working in the field until the board decides the best course of action. You may be denied the right to continue practicing if you fail to cooperate with the board's investigations.

  • Am I obligated to notify my employer that my license is under investigation?

You have no legal obligation to inform your clients or employer of the pending investigation against your license. However, if you work for a company that meets this requirement in your employment contract, you must inform them to avoid losing your job. After receiving notice of the board’s investigation, you should refer to your contract to ensure you comply.

  • Am I required to have an attorney when defending my architect license?

Hiring legal representation when you are under investigation by the California Board of Architects is not mandatory. However, the process is complex, and an attempt to resolve it without legal guidance can result in mistakes that jeopardize the outcome of your case.

The state licensing board is not always on your side when you are under investigation. Therefore, you need a lawyer to protect your constitutional rights and ensure your best interests.

Find a Reliable License Defense Attorney Near Me

Every year, the California Board of Architects receives many complaints regarding misbehavior by state-licensed professionals. This may involve written grievances from members of the public, governmental organizations, and customers.

Following receipt of the complaints, the board will look into the claims and schedule an administrative hearing at which you will have the opportunity to refute them. You will be subject to the relevant disciplinary action after the hearing.

The complaint may be dismissed during your hearing, or you may face serious consequences, including suspension or revoking your professional license. You will lose your ability to practice architecture if your license is revoked, which can destroy your livelihood and career.

If you are an architect facing an administrative hearing and potential disciplinary action in San Luis Obispo, CA, you will require a skilled lawyer. At San Luis Obispo License Attorney, we will offer the legal resources you need to secure a favorable outcome in your case. Call us at 805-465-2766 for much-needed guidance.